The penalties for a DWI or DUI in New Jersey are not only severe but somewhat unpredictable. Penalties are often specific to each case and based on numerous factors, including the driver’s blood alcohol concentration (BAC). While certain penalties may be imposed at the judge’s discretion, others are mandatory and unavoidable.
Mandatory penalties vary based on the nature of the DUI charges and whether you are facing a first or subsequent offense. For first-time offenders, the penalties also vary based on their BAC. Fines, license suspensions, and even jail time may all be mandatory in certain cases. In cases where the defendant refused to submit to required chemical testing, additional charges for refusal might come with separate, mandatory penalties. You should speak to an attorney about your case to determine what penalties are mandatory for you.
Receive an initial free case evaluation by calling the Lombardo Law Group at (856) 281-9600 and talking to our Atlantic City, NJ DUI defense lawyers.
Mandatory License Suspensions for DUIs
Numerous potential penalties for DUIs and DWIs are outlined in N.J.S.A. § 39:4-50, including license suspensions, and mandatory minimums and maximums may vary.
Penalties vary significantly for first-time defendants. For a first offense with a BAC of at least .08% but still less than .10%, your license may be suspended for 3 months. Although this may not be mandatory, as it is not stated in the statute, the New Jersey Motor Vehicle Commission (NJMVC) indicates that a 3-month suspension is standard.
A first-time offender with a BAC of .10% or more or a drug-related DUI must face a license suspension of at least 7 months to 1 year.
The more previous DUI or DWI violations you have on your record, the harsher the mandatory minimum penalties become. For a second offense, your license will be suspended for 1 to 2 years. For a third offense, you will lose your license for 8 years.
When facing a second, third, or subsequent DUI, your BAC does not matter as much. Even if your BAC is relatively low, you must still face the mandatory suspension period.
DUI Fines in New Jersey
Another mandatory penalty in New Jersey DUI cases is fines. Like license suspensions, fines vary based on whether this is your first offense and possibly your BAC.
For a first offense, if your BAC is at least .08% but under .10%, you are required to pay a fine of at least $250 and up to $400. Exactly where your fines fall on this range is up to the judge, and our New Jersey DUI defense attorneys may help you persuade the judge to impose a minimum penalty.
Also, for a first offense, if your BAC is. 10% or higher, the mandatory fines increase to at least $300 and up to $500.
The fines for subsequent offenses may increase regardless of your BAC. For a second offense, you must pay a fine of no less than $500 but no more than $1,000. A fine for a third or subsequent offense will be no less than $1,000.
When Jail Time is Mandatory in New Jersey DUI Cases
One of the most significant penalties for DUI defendants is potential jail time. In some cases, jail time is less than mandatory and may be imposed at the court’s discretion. For more serious DUIs or repeat offenders, jail time is required.
People facing their first DUI tend to receive the lightest penalties, and courts may have more discretion in how to impose these penalties. Under the law, a defendant convicted of a first offense may be sentenced to no less than 30 days in jail. However, the court can choose to forgo jail time depending on the circumstances of the case.
Those facing their second DUI are required to spend at least a little time behind bars. Convicted defendants must serve a jail term of no less than 48 consecutive hours and up to 90 days.
Mandatory jail time becomes far more severe for those charged with a third or additional DUI. Convicted defendants must go to jail for at least 180 days, or about 6 months.
Penalties Required for Refusal to Do Chemical Testing in DUI Cases
Chemical testing is required by law after a driver is arrested for a DUI or DWI in New Jersey, but drivers cannot be forced into testing. If drivers refuse to comply with testing, they may face additional mandatory penalties under N.J.S.A. § 39:4-50.4a.
If you are convicted of your first offense for refusal, you must forfeit your license until you install an ignition interlock device in your vehicle. You will also face a license suspension for at least 7 months to a maximum of 1 year, as well as fines ranging from at least $300 to no more than $500.
If a driver is charged with their second refusal offense, the mandatory license suspension is increased to at least 1 year and up to 2 years following the installation of an ignition interlock device. Fines also increase to no less than $500 and no more than $1,000.
Those charged with a third refusal offense may face the harshest mandatory penalties. Their license will be suspended for 8 years, and they will be fined $1,000.
How to Reduce DUI Penalties
Depending on your specific circumstances, it may be possible to mitigate the potential penalties for a DUI. Many defendants work out plea agreements with prosecutors to reduce the charges. This may be more likely if you are facing a first offense.
Plea agreements may also help defendants keep their penalties as close as possible to the mandatory minimum. Many penalties may range from a minimum to a maximum, and a plea agreement might mean that your penalties will be kept at the minimum.
We can also take the matter to court and challenge the DUI. If the prosecutor’s case is weak or the authorities violated your rights when they arrested you, you might be able to avoid penalties altogether.
Speak to Our New Jersey DUI Defense Lawyers About Your Case
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We often think of DWIs as charges against intoxicated drivers, but passengers might also be charged under specific circumstances. The passenger does not even have to be intoxicated to be charged, and they may face the same penalties as the intoxicated driver.
Passengers may be charged if the driver is under the influence of drugs or alcohol, and the passenger owns the vehicle and knowingly allowed the driver to get behind the wheel. They can even be charged if they do not own the vehicle in some situations. Fighting the charges may involve explaining that you did not know that the driver was intoxicated or that you were not in the car willingly. If a passenger is charged, they could lose their license just like the intoxicated driver.
Get a free, confidential case assessment from our Bargaintown, NJ DUI and DWI defense attorneys when you call the Lombardo Law Group at (856) 281-9600.
How a Passenger May Be Charged with a DUI
Although it might sound strange, a passenger may be charged with a DUI in addition to the driver under specific circumstances. While these kinds of DUIs are more unusual, they are still possible.
Passengers may be held responsible for allowing someone to drive while under the influence. Under N.J.S.A. § 39:4-50(a), a person may be charged with a DUI if they permitted a drunk person to drive their vehicle. If the passenger in the car owns it and knowingly allows their drunk friend to drive it, both may be charged with a DUI.
Under the same law, a person may be charged with a DUI for simply permitting someone they know to be drunk to drive. The passenger in the car does not necessarily have to own the car to be charged. If the police believe the passenger knowingly allowed the driver to operate the vehicle while intoxicated with a blood alcohol concentration (BAC) of at least .08%, the passenger can be charged.
It should be noted that passengers can be intoxicated as long as they do not get behind the wheel. If the driver is not intoxicated but the passenger is, there is no reason why they should be charged.
How Passengers May Fight DUI or DWI Charges in New Jersey
DUI charges against passengers tend to be less common, and evidence to support the charges is not always strong. You might fight the charges if you did not own the car or did not permit the intoxicated driver to operate the car, among other possible defense strategies.
DUIs may be assessed against those who knowingly allow an intoxicated person to drive their vehicle. If you did not own the vehicle in question and were just a passenger, you might be able to fight the charges.
In addition, you might dispute that you knew the driver was intoxicated. A key element in charges like these is that the passenger knew the driver was under the influence and let them drive anyway. Proving your intent or knowledge is difficult for prosecutors, and our Cherry Hill, NJ DUI and DWI defense lawyers may be able to fight the case.
What Happens to a Passenger’s Driver’s License After a DWI?
Since a passenger may be charged with a DUI or DWI similar to a driver, it makes sense that they may face similar consequences, including potential license suspensions.
If you have a license, it may be suspended, just like a driver convicted of a DUI or DWI. This may range from a few months to several years, as determined by the facts of the case. Remember, repeat violations tend to result in longer suspensions. If you have previously been convicted of a DUI, your license suspension will likely be longer this time, even if you were only a passenger.
If you do not have a license, you may face other penalties common in DUI cases (e.g., fines, potential jail time), and you may be barred from obtaining a license during the suspension period. For example, if your license would be suspended for 2 years, you would be barred from obtaining a license until the suspension period is over.
What Happens to Passengers During a DWI or DUI Stop in New Jersey?
Just because a passenger is not behind the wheel does not mean they are free from the scrutiny of police. If you are a passenger in the car during a DUI or DWI stop, be prepared to be questioned by the authorities.
Generally, the police may investigate the driver and all passengers in the vehicle for signs of intoxication. Even if only the driver is deemed to be under the influence of alcohol or other substances, the passengers may be asked about who owns the vehicle and whether they knew the driver was intoxicated.
If you truly did not know that the driver was intoxicated, be prepared to explain that to the police. If you are still arrested, contact an attorney immediately. Remember, just because you are arrested does not mean you are guilty. If you truly did not know about the driver being intoxicated, we may work to get the charges dropped.
How an Attorney Can Help Passengers Charged with DWIs or DUIs
Your lawyer can help you start working on your defense from the first day you call them. Effective defense strategies may involve challenging the claims by prosecutors that you allowed the intoxicated driver to borrow your car. Even if you did lend them your vehicle, they may have been sober when they picked it up, and you might not have known they would become intoxicated.
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Being charged with a DWI or DUI is already difficult for those with ordinary driver’s licenses. If you also have a commercial driver’s license (CDL), the penalties might be even more severe. CDL drivers are more likely to lose their license, and without a CDL, their job and livelihood may be jeopardized.
The legal limit for CDL drivers is actually lower than for everyone else. A CDL driver may be charged with a DUI if their blood alcohol concentration (BAC) is .04% or higher. In addition, the driver may lose their CDL for 1 year for a first offense. After a second DUI or DWI, a driver may have their CDL permanently revoked. Even if you were not driving a commercial vehicle when you were pulled over, you might face penalties against your CDL.
Call our Atlantic City, NJ DWI and DUI defense attorneys at the Lombardo Law Group at (856) 281-9600 and ask for a free initial case review.
How Commercial Drivers May Be Charged with DWIs in New Jersey
Commercial drivers require special commercial driver’s licenses (CDLs) that come with much stricter rules and regulations. If a CDL driver is convicted of a DUI, there may be dire consequences for their job.
CDL drivers must abide by stricter alcohol laws than ordinary drivers. According to N.J.S.A. § 39:3-10.13, it is illegal to operate a commercial motor vehicle with a blood alcohol concentration of .04% or higher or while under the influence of drugs.
Whether driving a commercial or personal vehicle, a driver’s CDL may be at risk if they get a DUI. According to the New Jersey Motor Vehicle Commission, if a CDL holder is convicted of a first-time DUI or DWI in a passenger vehicle, they may see their basic license suspended for at least 3 months and up to 1 year, while their CDL will be suspended for 1 year. For a second violation, the driver may lose their basic license for 2 years, and their CDL will be permanently revoked.
What if I Was Not Driving a Commercial Vehicle When I Was Charged with a DWI?
Commercial drivers do not always operate commercial vehicles, and they may be pulled over while driving their personal vehicles. In such cases, their CDLs may still be in jeopardy.
The lower BAC limit for CDL drivers only applies if they are operating a commercial vehicle. If a CDL holder is arrested for a DWI or DUI while off duty and driving their own personal vehicle, the standard legal limit of .08% may apply.
There may still be consequences for a CDL even if the CDL holder was driving their personal vehicle when they were arrested for a DUI. Under N.J.S.A. § 39:3-10.16, a CDL license may be suspended or revoked for any violation of the motor vehicle code if it is believed that the driver is not fit to safely operate a commercial vehicle.
How to Challenge a DWI or DUI as a Commercial Driver in New Jersey
Commercial drivers may have certain advantages when it comes to fighting DWI and DUI charges. Since almost everything they do on the road is documented, they may have an easier time proving that they were not intoxicated.
If you were pulled over while on the job, your driving logs may account for your time and prove that you could not have been drinking. Similarly, our New Jersey DWI and DUI defense attorneys might use data recording devices on the truck to show that your driving was safe and normal before you were pulled over. Your speed, braking times, and other driving data might indicate you were driving perfectly sober.
A more common strategy is to challenge the BAC results. Faulty testing equipment, testing errors, and forced testing frequently lead to BAC results being thrown out or suppressed. Without those results, prosecutors have a very weak case and might be persuaded to drop the charges.
Can I Get My Commercial Driver’s License Back After a DUI or DWI?
While drivers with basic licenses may be able to have their licenses reinstated after a suspension, CDL holders might have a tougher time. Even minor DUI offenses can cause drivers to lose their CDLs for a long time, possibly forever.
After a first-time DUI, your commercial driver’s license may be suspended for 1 year. Before you can get your CDL back, you must complete this suspension in its entirety. This can be problematic for those whose livelihood is based on commercial driving.
If you are convicted of a second DUI, your CDL may be permanently revoked, and you will never get it back. At that point, you will want to find a new field of employment or challenge the DUI so that you can hopefully avoid losing your license.
Can I Keep My Job if I Have a CDL and Get a DUI in New Jersey?
The court in a DUI case will not determine your employment status if your CDL is revoked or suspended. That is a matter between you and your employer. Even so, hiring a lawyer to help you fight the charges might help you keep your job.
If you lose your CDL, you likely cannot continue working a job that requires a CDL. The law forbids those without a CDL from driving commercial vehicles. However, your employer might have other work you can perform, and you should ask them if that is an option.
Even if your CDL is not revoked or suspended, your employer is a private person who may terminate your employment if they think you are an unsafe driver. Again, this is something you should discuss with your employer.
Contact Our New Jersey DWI Defense Lawyers for Help with Your Case
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DUIs are often based on alcohol, but drivers can also be charged for having controlled substances in their system. While DUIs for alcohol and drugs are largely treated the same, there are some key differences in how drug-related charges are handled.
Drug-related DUIs are often met with stricter penalties regarding license suspensions. For first-time offenders, a license suspension for a drug-related charge may be longer than for charges for alcohol. Fines may also be higher in some cases. On top of that, drivers might face other criminal charges for having drugs with them. If other controlled substances are found in the vehicle, you could be charged with possession or even possession with the intent to distribute.
Talk to our Oceanville, NJ DUI and DWI defense lawyers for a free case review by calling the Lombardo Law Group at (856) 281-9600.
The Penalties for Drug-Related DUIs in NJ
While most people probably think of alcohol when they think of DUIs and DWIs, drivers may also be charged if they are under the influence of drugs or controlled substances. Generally, these offenses are both charged as DUIs or DWIs, but penalties may vary somewhat.
The penalties for a drug-related DUI may come with more serious penalties for certain first-time offenders. A driver facing their first DUI with a blood alcohol concentration of at least .08% but less than .10% may lose their license for up to 3 months. However, if they have drugs in their system, they may face harsher penalties under N.J.S.A. § 39:4-50(a)(1)(ii).
Possible penalties for first-time drug-related DUI defendants include fines of at least $300 but less than $500, a possible jail term of up to 30 days, and losing their license for at least 7 months and up to 1 year.
The penalties are arguably harsher when controlled substances are involved, especially for a first offense. When only alcohol is involved, the court has more discretion about whether to suspend the driver’s license. If drugs are involved, there must be a license suspension, and fines are higher. However, if a driver’s BAC is higher than .10%, the penalties for alcohol and drug DUIs are largely similar or the same.
How Drug-Related DUIs May Come with Extra Penalties
The penalties for drug-related DUIs and DWIs might not end with the motor vehicle code. Many controlled substances are highly illegal, and you might face additional criminal charges.
If the police suspect that a driver is under the influence of controlled substances, they might find probable cause to search the vehicle. If they find other drugs or substances, the driver might face charges related to possession.
How to Challenge a Drug-Related DUI
A drug-related DUI may be challenged similar to how one might challenge a more typical alcohol-related DUI. Our Salem, NJ DUI and DWI defense lawyers should scrutinize the chemical testing done by the authorities and determine if your rights were violated at some point during the arrest.
One important thing about drug-related DUIs is that there is sometimes no chemical test done. Drug testing often requires a blood draw or urine sample, which is not always possible to obtain. Breath tests, which are a much more common form of chemical testing, may not detect the presence of controlled substances. If there are no chemical test results to confirm that a driver was intoxicated, the case against them may be weak.
You might instead claim involuntary intoxication if you believe you were drugged at a bar or party. To be charged with a DUI, your intoxication must be voluntary and knowing. If you were drugged, you should not be charged.
Certain medications may interfere with chemical tests. If you are on medication, tell your lawyer, as those medications might artificially inflate BAC results. Alternatively, you might have had a bad reaction that you did not know could happen, causing you to become disoriented while driving.
Negotiating Plea Agreements for Drug-Related DUIs in NJ
Sometimes, pleading guilty might actually be the best defense strategy. If prosecutors are open to plea agreements, a guilty plea might help you reduce your charges.
In the past, plea agreements were not permitted for DUIs in New Jersey. However, the laws have changed, and defendants may work with prosecutors to reach plea agreements. This includes DUIs related to controlled substances. Plea agreements are more likely if this is your first DUI, nobody was hurt, and your intoxication was not severe.
When a plea agreement involves a drug-related DUI, the law requires that certain minimum penalties be imposed. Regardless of the other terms of the plea agreement, the defendant must serve a license suspension of at least 6 months. In other words, there may be no way around losing your license, at least for a while, unless you are totally acquitted.
Can I Refuse a Blood Test for a Drug-Related DUI
While chemical testing, including blood tests, may be mandatory, you cannot be forced to comply. While you are legally not allowed to say no, you still can, albeit with consequences.
Legally, post-arrest chemical testing is required by law, including breath, blood, and urine tests. You must submit, but the police are not allowed to force you to comply with testing. Results of forced chemical testing may be unlawful and should not be used against you.
If the police have good reason to believe that a driver is under the influence of drugs, they can order a blood test, which requires a blood draw. This is more invasive than other testing methods and tends to be more heavily scrutinized by the courts.
If you refuse, you may face additional criminal charges for refusal, including fines and license suspensions.
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One of the most significant parts of almost any DWI or DUI case is chemical testing. While breath tests are perhaps the most common testing method used by law enforcement, they may also do blood tests if necessary. In any case of chemical testing, you may have an independent blood test performed to compare to the results from the police.
Generally, when a driver is arrested for a DWI or DUI and taken in for mandatory chemical testing, the police are required to inform them of their right to also have independent blood testing performed. You must be released so that you can go to a hospital and have blood drawn for testing. If the police refuse to allow you to go, they may be committing a serious violation of your rights, and you should inform your lawyer immediately.
Call the Lombardo Law Group at (856) 281-9600 and ask our Estell Manor, NJ DWI and DUI defense lawyers for a free initial case review.
What is an Independent Blood Test for DWI Cases?
After a driver is arrested for a DUI or DWI, chemical testing is required by law. Testing often includes breath tests, but blood or urine testing is also possible, and defendants have a right to independent testing.
An independent blood test involves having a physician of your choosing test blood samples for alcohol or other controlled substances after you are arrested for a DWI. It is possible that the physician’s test results contradict the chemical testing results of the police. You should assert your right to have an independent blood test as soon as you can.
When the police take you in for chemical testing, you may request an independent blood test. Typically, the authorities will conduct their own testing, but they must release you to have independent testing performed.
What Happens if The Police Do Not Allow Independent Blood Tests in New Jersey?
The police must allow an arrested DUI suspect the chance to have independent blood testing done. If the police ignore your pleas for independent testing or otherwise prevent you from having it done, your rights may have been violated.
According to N.J.S.A. § 39:4-50.2(c), you are permitted by law to have independent testing performed. Not only that, but under subsection (d) of this statute, the police are required to inform you of your right to independent testing. Even if they do not actively prevent you from seeking independent testing, it may be a violation of your rights that they failed to properly inform you.
You should also tell your lawyer if you did not know that you could have had independent testing done because the police never told you. Again, they are required by law to inform you of this right.
Why Have Independent Blood Tests Performed in a DWI Case?
Being arrested for a DUI might feel overwhelming, and you might think that independent blood testing is a waste of time and will not help you. In reality, having these tests done may provide you with the evidence you need to effectively fight the charges.
Chemical testing conducted by the authorities is not perfect. If independent blood tests yield results entirely different from those of the police, it might indicate some sort of error on their end.
Independent blood testing may also indicate that there is something wrong with law enforcement’s chemical testing equipment. Suppose your independent tests are extremely different from those of the police, and the police attest to having followed proper procedures when doing their chemical testing. In that case, our New Jersey DUI and DWI attorneys might argue that something could be wrong with their equipment, and their tests should not be trusted.
Blood testing is often more accurate than breath testing. Since breath testing is one of the most common forms of testing by the police, it is possible that your independent results will be more accurate and reliable than the police’s test results.
When to Have Independent Blood Tests Done for a New Jersey DWI Case
Alcohol does not remain in the blood for very long. Once a person stops drinking, alcohol will begin to dissipate very quickly. As such, chemical testing of the blood must be done quickly.
Blood tests should be done within a few hours of your arrest. Any longer and the test results become unreliable. If you want testing, the police are required to release you to a responsible third party, like your attorney, so you can go get testing done. If you wait too long to have testing done, the results may not be accurate.
If the police caused unnecessary delays and you could not get testing done for several hours or until the next day, tell your lawyer.
Possible Blood Testing Errors in DWI Cases
Blood testing is a scientific procedure that can easily go wrong. If procedures are not strictly followed, test results may be inaccurate. If we suspect that the authorities did not follow procedures, we may be able to fight the charges.
When blood is drawn and stored in a glass tube, the tube must contain anticoagulants to prevent the blood from clotting so it can be tested. If the technician drawing the blood did not use enough anticoagulants, the blood might clot, causing BAC results to be incorrectly high.
Preservative chemicals are also necessary to prevent blood from spoiling. If preservatives are lacking, blood could actually ferment and create more alcohol.
If the police conducted blood testing, which is more common in DWI cases related to drugs, they might have made these mistakes or others. Independent testing may provide us with better results that we can use to refute the DWI.
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Field sobriety tests are a common part of DUI and DWI stops in New Jersey. The police often ask drivers they believe are intoxicated to complete specific physical tasks that may reveal whether they are intoxicated. Although standing up to the police can be challenging, you may challenge field sobriety testing in many cases.
Field sobriety tests are not 100% accurate, and the results should be questioned. Perhaps you have an injury or medical condition that prevents you from performing the tests, or the police are exaggerating your alleged signs of intoxication. Many drivers are surprised to learn that they do not have to submit to these tests and are legally allowed to refuse. Talk to your attorney about how field sobriety testing was conducted in your case.
Get a free, private case evaluation from our East Vineland, NJ DWI and DUI defense lawyers by calling the Lombardo Law Group at (856) 281-9600.
How to Challenge the Results of Field Sobriety Tests in NJ
Field sobriety tests are far from perfect and are often subjective and unreliable. If the results of these tests are used against you, our Voorhees, NJ DUI and DWI defense lawyers may be able to refute them in court.
Field sobriety tests often require drivers to complete seemingly minor physical tasks, like walking in a straight line or standing on one leg. Some people might have trouble completing these tasks because they have a medical condition or injury, not because they are intoxicated.
Another possibility is that the police officer is exaggerating the test results. Perhaps you tripped when trying to walk heel-to-toe in a straight line, and the officer claims you severely stumbled due to intoxication. You may testify that this is untrue and that you had no trouble walking.
We might undermine the officer’s claims that you could not complete the field sobriety tests by arguing that you were able to exit your vehicle and walk around perfectly fine before testing.
Do I Have to Take Field Sobriety Tests?
When the police ask a driver to step outside their car to take field sobriety tests, the driver might have a hard time saying no. Even so, you do not have to submit to field sobriety tests, and the police cannot force you.
Field sobriety tests are not mandatory like post-arrest chemical testing. If the police ask you to perform field sobriety tests, you are allowed to refuse without being penalized. If you believe the authorities are punishing you for refusing to submit, tell your attorney immediately.
The police are not required to explain that field sobriety tests are voluntary, so many drivers mistakenly believe they have no choice but to comply.
Why the Police Conduct Field Sobriety Tests in NJ
The police conduct field sobriety tests as a routine part of DUI investigations. In many instances, these tests allow the police to gather the necessary probable cause to execute and arrest.
The police must have enough probable cause to support their belief that a driver is intoxicated before they can make an arrest. The field sobriety tests may show that you were too intoxicated to drive safely.
Suppose a driver refuses to submit to mandatory chemical testing after being arrested, or the results of a chemical test are inaccurate or unreliable. In that case, prosecutors can still rely on field sobriety tests to try to prove intoxication. As such, they may come up in court.
Types of Field Sobriety Testing Methods
Several types of field sobriety tests exist that are trusted by the authorities. Often, drivers will be asked to perform multiple tests before the police decide whether to arrest them.
One test is the horizontal gaze nystagmus test, and it involves observing how the driver’s eyes move as they follow an object side to side. When a person is intoxicated, they have a hard time moving their eyes back and forth without exhibiting jerky movements. If the police detect these jerky movements, they may suspect intoxication.
Another test is often called the walk-and-turn. It involves walking in a straight line and turning around to walk in a straight line back the other way. Drivers may have to walk heel-to-toe while keeping their arms at their sides. This is a balance test, as intoxicated people are often unbalanced.
Finally, you might be asked to do a one-leg stand. This is another simple balance test where a driver must stand on one leg. If they are intoxicated, they are more likely to fall over.
Are Field Sobriety Tests a Reliable Way of Testing for Intoxication in NJ?
While the police might say that field sobriety tests are an effective and accurate way of testing for intoxication, the truth is less clear. Many argue that these tests are rife with errors and should not be trusted in a court of law.
While the tests appear somewhat simple and easy to perform, they often involve numerous instructions. A driver may be instructed to walk in a straight line while looking down at their feet and holding their arms down at their sides. Even a slight deviation from the instructions of the officer may be considered a testing failure and used against you.
There are too many other reasons why a person might fail a field sobriety test other than intoxication. A driver might be in poor health, have balance problems, or have an injury that prevents them from correctly performing a test. In short, failing a field sobriety test does not clearly indicate that someone is intoxicated. As such, these tests may be disputed in court.
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When someone is charged with a DUI or DWI in New Jersey, there are several pretrial proceedings, including the pretrial conference. Exactly what happens at this conference may depend on your case and legal strategy, but it is generally a way for the parties to check in with each other and the court about the overall status of the case.
Your attorney may inform the court whether you need more time to prepare. You may also discuss evidence with the prosecutor. If they have not completed discovery, we can raise the issue during the conference. We may also submit pretrial motions to suppress evidence we believe was illegally obtained. In short, what happens at the pretrial conference may have a significant effect on how the remainder of your case goes.
Get a private, free case evaluation by calling the Lombardo Law Group at (856) 281-9600 and talking to our Cherry Hill, NJ DWI and DUI defense attorneys.
Pretrial Conferences for DWI Cases in NJ
A criminal case may go through multiple hearings before a trial, and DUI and DWI cases are no different. Your pretrial conference is an important proceeding that allows everyone to check the status of the case and file pretrial motions.
The pretrial conference is an opportunity to determine whether the case is moving along smoothly or if legal roadblocks are getting in the way. Both parties may inform the court and each other whether they need more time or if certain issues must be taken care of before the case can move forward. Although this might sound mundane, it is important to make sure the case goes smoothly.
The pretrial conference may also allow us to determine whether a trial is even necessary. In some cases, prosecutors and defendants can resolve matters with a plea agreement, making a trial unnecessary. If you are interested in a plea agreement, the pretrial conference is a good place to discuss it.
Our Cumberland County, NJ DWI and DUI defense attorneys may also discuss evidence issues at this conference. During the discovery phase, the prosecutor should turn over all relevant evidence. If evidence is missing or incomplete, we can address the issue at this conference.
When Does the Pretrial Conference Happen in DWI Cases?
As the name implies, a pretrial conference occurs before the trial. The facts of the case and the court’s schedule may determine exactly when your conference is scheduled.
Usually, the pretrial conference is held after the arraignment or initial appearance but before a preliminary hearing and trial. The defendant should already be charged, but the trial is still some time away.
The courts’ schedule may influence when the pretrial conference is held. If the court is especially busy, the pretrial conference and many other hearings in your case may be scheduled later. This might mean your case takes longer to complete, but you might have more time to prepare.
How an Attorney Can Help You During the Pretrial Conference in Your DWI Case
You should have a lawyer by your side for many other hearings besides the trial. In fact, it is wise to hire a lawyer as soon as possible after you are arrested so they can help you with various pretrial hearings, including the pretrial conference.
Your attorney can help you negotiate a plea agreement at the pretrial conference if you are open to one. While prosecutors might offer you some kind of deal, it might not be the best deal possible. This is something you might not know without the help and advice of an experienced lawyer.
Your lawyer should also help you assess evidence, file motions for discovery, and challenge illegal evidence at the pretrial conference. Any one of these things may completely change the course of your case.
Your attorney can also talk to prosecutors and possibly get them to stipulate to certain facts. If the parties stipulate to certain facts, those facts do not have to be proven with evidence in court. The parties simply agree they are true. Stipulating may play a role in certain legal strategies and help you.
Challenging Evidence During a Pretrial Conference for a DWI
The pretrial conference is a great opportunity to challenge the evidence against you. If we have reason to believe that some of the prosecutor’s evidence is illegal or inadmissible, we can raise the issue during the conference.
In a DUI case, the most important evidence is arguable the results of chemical testing. If we know that the police illegally forced you to comply with testing or that the testing equipment was faulty, we can file a motion to have it excluded.
We can also challenge the arrest itself if it was unlawful. If the police lacked probable cause to arrest, we can bring this up. Evidence obtained pursuant to the unlawful arrest may be suppressed.
Demanding Discovery of Evidence During a DWI Pretrial Conference
The discovery phase of your case is so important because it is when prosecutors must provide us with all their relevant evidence. We need this evidence to build the strongest case possible, and if evidence is missing, we can bring it up during the pretrial conference.
As said, we are entitled to see the prosecutor’s relevant evidence, and we need it to build a compelling defense. Prosecutors must be transparent about the evidence they have against you so that there are no surprises in the courtroom. If they do not show us everything, we could be blindsided in court, which is a violation of your due process rights.
If prosecutors have not provided all their relevant evidence, we can ask the court to compel discovery. In that case, the court would issue an order demanding that prosecutors turn over the evidence to us. If prosecutors refuse to turn over evidence, they may face serious consequences.
Compelling discovery also helps us determine if prosecutors plan to present illegal evidence. If we learn that some of their evidence was obtained illegally, we can work to have it excluded at the pretrial conference.
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Drivers are usually free to cross state lines during their travels, but they must be careful about being pulled over by the police in another state. Out-of-state drivers may be stopped and arrested for DUIs or DWIs in New Jersey, and there may be serious consequences. You might have to deal with penalties from New Jersey and your home state.
When a driver from another state gets a DUI in New Jersey, they not only must deal with certain penalties here, but they might also deal with penalties against their license back home. New Jersey has no control over how other states issue driver’s licenses or how they might enforce penalties. You may have to return to New Jersey at some point to deal with your case.
Speak to our Atlantic City DUI and DWI defense lawyers for a free case evaluation by calling the Lombardo Law Group, LLC at (856) 281-9600.
What Happens When an Out-of-State Driver Gets a DUI in New Jersey?
Drivers may be licensed in various states, but they are still free to drive across state lines largely unrestricted. If a driver from another state is stopped and arrested for a DWI or DUI in New Jersey, they may face consequences here and at home.
If you are from another state and are charged with a DUI in New Jersey, you may face legal penalties imposed by New Jersey. This may include fines and even jail time in cases. However, what happens to your license depends on the state that issued your driver’s license.
Most states are part of the Interstate Driver’s License Compact and will enforce traffic and motor vehicle violations from other states. This means you cannot return to your home state to avoid penalties for a DUI in New Jersey.
As said, the penalties tend to vary based on the state that issued your license. An offense that might involve a fine in New Jersey might instead involve points against your driver’s license in another state. It is a good idea to check with an attorney.
How an Out-of-State Driver Can Challenge a New Jersey DUI
If you are from another state but get charged with a DUI in New Jersey, you can ask a New Jersey attorney to help you fight the charges.
DUIs are serious charges, and you may be scheduled to appear before a judge in a court of law in New Jersey. Which court you go to may depend on where you were issued the ticket. Our Absecon, NJ DUI and DWI defense lawyers will help you figure out which court your hearing is scheduled in.
You can present evidence to refute the claims made by the police officer or try to work out a plea deal with the prosecutor. They might reduce the charges, often in cases of minor violations, in exchange for pleading guilty and paying a fine. However, you must be mindful of how this might affect your license in your home state.
If you are successful and are not convicted of the DUI, you will not have to face penalties, and your license will remain intact.
Do I Have to Return to New Jersey if I Get a DUI There?
After being charged with a DUI, you might want nothing more than to return home. Unfortunately, dealing with DUI charges in New Jersey likely means you will eventually have to return to the state.
Since DUIs are serious charges, they must be heard in court in front of a judge. As such, you will likely have to come to court in New Jersey for the hearing. However, if returning to the state would impose an undue hardship, your attorney might be able to represent you in your absence. However, you must clear this with the court ahead of time.
Even if you do not want to fight the case and would rather plead guilty and move on, you would still probably have to return to New Jersey and appear in court. Judges do not accept guilty pleas in the defendant’s absence, and your appearance is likely mandatory.
Common Reasons Out-of-State Drivers Get DWIs or DUIs
Whether you spend a lot of time in New Jersey or are only passing through, traffic stops, DUIs, and DWIs are possible for everyone. Below are a few of the more common reasons why out-of-state drivers get DUIs in New Jersey.
The Jersey Shore is a popular vacation spot on the eastern shore, and lots of people come from all over for vacations. When on vacation, tourists might have a little too much fun at a party or a bar and try to drive home.
Many other people from other states who get DUIs are here on business. Maybe you are in town for just a few days, and you decide to have a few drinks with coworkers or clients. A couple of drinks might be all it takes to have a BAC necessary for a DUI.
You might not even be visiting New Jersey when you are pulled over. People often get pulled over when they are simply passing through a part of the state during their travels.
What to Do After Getting a DUI in New Jersey as an Out-of-State Driver
If you are from another state and get a DWI or DUI in New Jersey, your first step is to hire a lawyer and figure out what consequences you are facing.
Call a New Jersey lawyer to help you fight the DUI. If you are successful, you will not have to deal with any penalties from this state or your home state. Also, consider contacting the authorities in your state in charge of issuing driver’s licenses. They may shed light on what could happen to your license if you get a DUI in another state.
Speak to Our New Jersey DUI and DWI Defense Attorneys Now
Speak to our Cherry Hill, NJ DUI and DWI defense lawyers for a free case evaluation by calling the Lombardo Law Group, LLC at (856) 281-9600.
After someone is convicted of a DUI or DWI in New Jersey, they may have to install an ignition interlock device in their vehicle. A driver must blow into the device and, if alcohol is detected on their breath, the device prevents the car from starting.
While ignition interlocks are not always required for certain first-time offenders, they may be for those with high blood alcohol concentrations or repeat offenders. You must install the device in your vehicle or a vehicle that you lease or principally drive. If you do not own a vehicle, you might not have to install an ignition interlock, but you may have to forfeit your license for the duration that you would have had to install the device. How long you have to keep the device in your car depends on your case.
Call our Atlantic City, NJ DUI defense attorneys for a free case review at the Lombardo Law Group at (856) 281-9600.
Are Drivers Convicted of DUIs Required to Install Ignition Interlock Devices?
An ignition interlock device may prevent a vehicle from starting if it detects alcohol on a driver’s breath. Whether this device is required to be installed depends on the nature of your DUI or DWI conviction.
Generally, an ignition interlock is required after a DUI conviction, but there may be some wiggle room for first-time offenders. In such a case, the judge may have some discretion to waive the requirement for an ignition interlock device if the defendant’s blood alcohol concentration (BAC) was relatively low.
The ignition interlock device becomes totally mandatory if the defendant’s BAC is higher or if they are convicted of a second or subsequent violation. If you do not install the device, you might face other penalties, and you might not be eligible to have your suspended license reinstated.
Typically, the device must be installed on a vehicle that you own or one that you use regularly.
Ignition Interlock Device Requirements for Drivers Who Do Not Own Vehicles
When a convicted driver is required to install an ignition interlock device in their vehicle, they must abide by several very strict laws and rules. Violating these rules might mean you have to wait even longer to get your normal driving privileges restored.
First, you must install the device in a car you own, lease, or use regularly. You do not necessarily have to own a vehicle to be bound by this rule. If you normally use a parent’s or spouse’s car to get around, that car must be equipped with an ignition interlock device.
If you do not have a car and normally do not have access to one, our NJ DUI and DWI defense lawyers may need to prove this to the judge in court. While you might not have to install the device, your license may be forfeited for the duration that you would have had to install an interlock ignition device.
How Long You Have to Keep an Ignition Interlock Device in Your Car in New Jersey
How long you have to keep an ignition interlock in your vehicle depends on your charges. If you are unsure, talk to your lawyer for help.
Depending on their BAC, first-time DUI offenders may face shorter interlock ignition requirements. Under N.J.S.A. § 39:4-50.17(a), a first offender with a BAC of at least .08% but less than .10% must install an ignition interlock device for 3 months.
If their BAC was at least .10% but less than 15%, the device must be installed for at least 7 months and up to 1 year. If the defendant’s BAC was .15% or higher, they must install the device for the duration of their license suspension and then for at least 12 months but not more than 15 months after.
For those convicted of a second or subsequent DUI or DWI, the ignition interlock device must be installed for the duration of the license suspension period. In addition, the device must remain installed for at least 2 years after the suspension period but no longer than 4 years.
Can I Drive Someone Else’s Vehicle if I Have an Ignition Interlock Device?
When you are required to install an ignition interlock device in your vehicle, you are prohibited from driving any other vehicle.
The law requires that a convicted defendant drive only the vehicle in which the ignition interlock device is installed. You may not drive any other vehicle, even if your vehicle is inoperable and you need to drive somewhere important, like work or school.
You must provide the court with information about the vehicle in which the ignition interlock device will be installed. If you are pulled over driving any other vehicle, you might be in trouble.
If you lie in court that you do not own a car and cannot install an ignition interlock device, you may be charged with perjury.
How Much Does an Ignition Interlock Device Cost in New Jersey?
Unfortunately, these devices you are ordered to install in your car do not come cheap. You must pay a monthly leasing fee in addition to installation fees and removal fees. However, the law may allow those with lower incomes to pay a reduced fee.
If your family’s income does not exceed 100% of the federal poverty level, you only have to pay 50% of the normal monthly leasing fee.
If your family’s income does not exceed 149% of the federal poverty level, you have to pay 75% of the normal monthly leasing fee.
Typically, drivers must also pay an installation fee when the device is first placed in their vehicle. However, if you qualify for a reduced monthly leasing fee, you may not have to pay the installation fee or a removal fee.
Receive Legal Support From Our NJ DWI and DUI Defense Lawyers
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When you get a ticket or are charged with a driving offense and a court finds you guilty (or you plead guilty), that offense goes on your driving record. Unlike a criminal record, a driving record cannot be expunged, meaning that speeding tickets and DWI offenses from 5, 10, or even 20 years ago are still on that record. However, 10 years is a long time to change your driving habits, and NJ law currently allows some leniency on “repeat” DWI charges coming 10 years after the last one.
Normally, if you are charged with a second or third DWI, you would face increased penalties (and penalties are the same for subsequent DWIs after a third). However, NJ’s 10 year “step down” rule allows DWIs older than 10 years to be ignored when it comes to upgrading penalties for a second or third DWI. This allows you to “step down” the penalties for a second DWI if the first DWI was more than 10 years again, and to “step down” the penalties for a third DWI if the second DWI was more than 10 years ago. This does not completely reset you back to a first DWI if you had more than two from more than 10 years ago, but there are some narrow exceptions for fourth DWIs.
Contact Lombardo Law Group’s NJ DWI defense lawyers at (609) 418-4537 today for a free review of your DWI case.
What Does the 10 Year DWI Step Down Rule Do for DWI Charges in NJ?
When you are charged with a second DWI or a third or subsequent DWI, your penalties go up. First-time DWI offenders are given a bit of leniency, but the penalties are still quite harsh; if you commit another DWI, judges take penalties much more seriously. The 10-year step down rule gives you a bit of a reprieve if your previous DWI conviction happened more than 10 years ago, allowing our NJ DWI defense lawyers to request stepped-down DWI penalties for drivers who have gone a long time without a DWI.
Under the penalties section of N.J.S.A. § 39:4-50, there is an explicit rule that a second offense DWI that takes place more than 10 years after your first is treated as a first offense, and a third DWI that occurs more than 10 years after your second is treated as a second offense. This means that when it comes to sentencing, your second or third DWI gets “stepped down” by one if it has been over 10 years since the last DWI.
This does not, however, stop old DWIs from mattering altogether. This rule only applies to your sentence; the judge and prosecutors will still know that you have a first DWI, and that you are only getting this reprieve in sentencing because of the rule. It also will not “reset” the count to 0 DWIs; your second DWI (even if it is sentenced like a first DWI) is still on your record as a second DWI. This “counting as” rule only applies to sentencing, and you may still face increased insurance premiums and other issues from having multiple DWIs.
Does an Old DWI Still Affect Sentencing for a New DWI in New Jersey?
As mentioned, this 10 year step down rule applies only to sentencing for the DWI at hand; it does not totally reset your record of DWIs. This means that if you get picked up on a third DWI down the road, it will still actually be a third DWI, and it will be sentenced as a third DWI unless it happens more than 10 years after your second DWI.
This rule was solidified in State v. Burroughs (2002), a New Jersey appellate case interpreting the language of the DWI statute. In that case, the court was confronted with the kind of scenario discussed above: a drunk driver who was convicted for their first DWI in 1982, a second DWI 16 years later in 1998, and again for a third DWI in 2000 (2 years after the second). The court found that the second 1998 DWI was still a second DWI, even if the sentence at the time was reduced. As such, a third DWI only 2 years after the second was sentenced as a third DWI. If the third DWI had come 10 years after the second, it would be sentenced as a second again.
Sentencing, at the end of the day, is always left to the judge, and it is possible a judge might be willing to ignore the Burroughs rule and reduce the penalties anyway if your third DWI was quite a while – but less than 10 years – after your second DWI or if your first DWI was ages ago.
Narrow Exceptions for Fourth DWIs
As with most legal rules, there are exceptions. With this 10 year rule, we have one narrow exception that can actually turn a fourth DWI into a second DWI, but only if you did not have a lawyer on your first DWI.
In State v. Conroy (2008), another appellate case in NJ, there was a strange situation. The defendant was charged with his first DWI in 1982, a second in 1990, and a third in 1995. They were too close together, so the 10 year rule never applied. Then, in 2006 (11 years later), he was convicted again for a fourth DWI, but his lawyer realized an interesting fact: for his first DWI way back in 1982, the defendant never had a lawyer.
The attorney in the fourth DWI case argued it would be unfair to treat it as a fourth DWI, given that he didn’t have a lawyer back in ’82. He argued the first 1982 DWI should be ignored, treating this as a third DWI. The court agreed. Since this “third” 2006 DWI was more than 10 years after the “second” 1995 DWI, it was stepped down for sentencing purposes to the penalties for a second DWI.
The holding of this case could potentially apply to other cases, potentially with fewer DWIs, as well. Even so, it is extremely narrow and only applies when a past DWI case had no lawyer.
Call Our NJ DWI Defense Attorneys Today
For a free case evaluation, call our Brigantine, NJ DWI defense lawyers at Lombardo Law Group at (609) 418-4537.
